Recently, the Haidian court accepted the case three defendants the NetEase's decision, three defendants to compensate the plaintiff 1 million yuan of economic losses and reasonable expenses 64 thousand yuan.
It is reported that the prosecution is Beijing great God circle Culture Technology Co., Ltd., in October 2015, the company has authorized the authorship of the novel with a tiny smile, and developed a game of smile, which is on sale in Android and Apple stores in August 2016.
The defendant's three NetEase are: Guangzhou NetEase computer system Co., Ltd., Hangzhou NetEase Lei Huo Technology Co., Ltd., NetEase (Hangzhou) network Co., Ltd.
According to the Haidian court, NetEase Hangzhou company developed, Lei Huo company operated the "Qianwu Soul" mobile phone game launched on April 2016. To promote the mobile phone game. NetEase Hangzhou Company signed a contract with the TV series producer. NetEase Hangzhou Company has the right to use a main visual poster of the play to make a poster of the game brand.
Guangzhou NetEase Company and Lei Huo Company jointly operate the mobile phone game official website, the first page of this website propagandizes the mobile phone game of "Qianqi female Soul", the propaganda language is:
The company's main circle God Zhang behavior of the three defendants in the "fake smile is the name of the specific name and famous novel" the characters in the novels, at the same time that the three defendants constitute false advertising, unfair competition, three defendant apology, compensation for economic losses and reasonable expenses totaling 20 million yuan.
After hearing the trial, the court held that the three defendants did not get the authorization of the right person in the novel with a smile, so they had no right to use the novel element to promote their products. The promotion of behavior constitutes false propaganda and unfair competition.
The court made the above judgment by considering the popularity, market value and the subjective intention of the three accused. After the sentence was declared, the three defendant has appealed.